Basically a practice jury. Used by lawyers to try and predict how a case will result

Term

Lawyers three functions

Definition

agent, advocate, and jurisconsult

Term

Most important function of a trial lawyer

Definition

Jury Selection

Term

Voir Dire

Definition

"to see, to tell." the process of jury selection

Term

What percent of cases are given verdicts by juries?

Definition

10%

Term

When and Who established trial by jury?

Definition

Morgan GlaMorgan A.D. 725

Term

Scientific Jury Selection

Definition

1. Random sample drawn from population2. After that sample is drawn, another random sample is taken from the jury pool to determine demographics, personal and attitudinal characteristics3. "Scientists" make recommendations for selection of individual jurors

Client-lawyer relationshipLawyer as counselorLawyer as advocateTransactions w/ persons other than clientsLaw firms and associationsPublic serviceInformation about legal servicesMaintaing the integrity of the profession

Term

Status Characteristics Theory

Definition

all of us “know” what the power relationships look like in our culture so we use the same criteria in groups of people, in this case juries. Older white men will always be at the top and young black women will always be at the bottom of a social hierarchy. Unless that person has a characteristic that would change their position (the black woman is a retired judge) then that is the way it will be.

Term

The manifest function of law school

Definition

make sure that people who are practicing law have a minimum level of competency. Law school is a filtering system that not only filters on education, but also on social characteristics.

Term

The latent function (side effect/unintended effect) of law school

Definition

is that it has lead to making practicing law a profession. The good thing is that it allows only the best people to become lawyers but it takes away the free market. Replacibility is limited. You never have a true free market. Since not everyone can go to law school it can not be a free market because the Bar Association controls the number of students that can go to law school so they don’t flood the market. The people already in the profession decide who can and how many people can become lawyers, like them.

Term

Kidder

Definition

LSAT scores do not predict law school success

Term

Hammer, Saw, Log, Axe

Definition

demonstrates how different cultures interpret things

Term

Socratic Method

Definition

the type of teaching method used in Law School. The idea of the Socratic Method is that you teach yourself. Based on the ideas of Socrates the philosopher. The teacher teaches you how to connect the things in your head that are already there. You figure out the answers to questions on your own. You are expected to know everything by the time you walk in the door

Term

Case Study Format

Definition

something else you probably haven’t been exposed to. The idea is that by studying things that have already happened we can generalize legal principles. By studying the Miranda case, you can see that there are things the police know that the citizens don’t and so the Miranda warnings are in place to balance the power between the police and the public.

Term

Pedagogy

Definition

study of how people learn

Term

Stigma of being a lawyer

Definition

it gets you a lot of prestige but people will not like you. Lots of lawyer jokes.

Boot Camp, Prison, etc. These are workplaces that are factories except their factory, total institution, work’s on a different raw material. So a total institution is a workplace that has human beings as their raw material and their product is also a human being but different than before. For boot camp, Citizen -> Total Institution -> Soldier. Criminal -> Prison -> Non-Criminal.

Term

Mortification

Definition

Rehab is impossible because prison systems do not allow for mortification. Teaching a criminal how to be a plumber without killing off the “self” is just making a criminal with an extra skill set because they have not gotten rid of the criminal.

Term

Michel Foucault

Definition

"Discipline and Punish” a book he wrote that is really about power.

Term

Panopticon

Definition

a prison design that takes traditional prison design and flips it on its head. The prisoner cells are on the edge of the prison and the guard tower is in the middle. The tower in the middle can see every single cell where as in the traditional design the guard tower in the NE corner cant see the SW side of the prison and so they require multiple towers. By putting 1 way glass on the panopticon tower, the prisoners cannot tell when they are being watched so they do not know when they have to behave and when they can do whatever they want. The tower can be effective even when no one is in it because the prisoners do not know if there is no one or 25 people in the tower. So the prisoner will no behave as if there is always someone watching them. The prisoner has now become his or her own guard. The job of monitoring and taking over the prisoners behave has been taken over by the prisoners consciousness.

Term

Formalism

Definition

we have a rational system and therefore any legal decision is “obvious.” There shouldn’t be a surprise about the outcome of a case. This is not the case in the American Criminal Justice system though

Term

Critical Legal Studies

Definition

says you can obviously see that it is not a simply pure logical system. How can u protect the needs of the many and then give people individual rights?

Term

Alimony

Definition

a monetary payment of one spouse to another because the other spouse is unable to support herself, usually from husband to wife.

Term

Brownmiller

Definition

studied rape laws. Rape law is placed in the property crimes idea because the woman is supposed to be a mans property. So if a wife is raped, the husband is the victim because someone used his property without his permission.

Term

Taslitz

Definition

the offenses themselves are actually culturally determined. • Two Componentso Rape (the act) – society sees rape as something that happens in a dark alley late at night by a stranger and there must be some aspect of struggle and trying to get away.o Victim/Sex Differences – “women SECRETLY want it” but they cant say they do or else they are labeled as sluts. The differences between the two scripts “no no no no yes” and “no no no no no no.”

Term

Blaming

Definition

recognizing who is responsible

Term

Claiming

Definition

even if you recognize that you have been injured and you know who did it, you must then proceed to go with legal action. The claiming stage actually keeps the most cases out of the legal system

Term

Repressive Law

Definition

the law of a monarch, a dictator, a few people telling everyone else what to do. The purpose is to solve the problem of social order. (Middle Ages).

Term

The Rule of Law

Definition

refers to the situation of who/what is in control? Law is in control, not the people. The law makers are subordinated to the law. No one is above the law.

Term

Responsive Law

Definition

law is subordinated to justice. So any law that doesn’t serve the interest of justice is gone. The interest of justice demand that a person gets food to eat. The law that says “I don’t care who you are, you can’t steal bread” goes out the window because justice is above the law.

Term

Role of Juries in Capital Cases

Definition

The jury decides guilt first. If they find the person guilty then they must then decide the punishment. They do not have to choose the death penalty. A lot of jurors who sit on capital cases later say that they didn't know they could decide to not give someone the death penalty so they just ruled them not guilty.

Term

American Bar Association

Definition

Established in 1878. Lawyers must pass this test in order to practice law, the Bar Exam.

Term

Critique of LSAT

Definition

content, cultural bias, no such thing as an objective question

Term

Cost of Law School

Definition

16k for public34k for private

Term

Reasons to Practice Law

Definition

social change, salary, stigma

Term

Purpose of Corrective System

Definition

Punish and Rehabilitate

Term

Goffman

Definition

Rehab doesn't work. Mortification (see other note card) is the killing of the "self" so that a new self can be made

Term

Foucalut

Definition

PowerDescribed how public executions used to rile up the crowd and so they stopped doing them once it got too crazy. Surveillance is what keeps people in "check," especially in prisons

Term

Justice

Definition

Two kindsProcedural - violate procedure and the outcome can't be fairOutcome - guilty are punished and innocent are not regardless of procedure

Term

Feminism

Definition

Opinion that men shouldn't run things. Feminism is the response to patriarchy. Men do run things (13 women CEOs out of all fortune 500 companies).